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A Study on the enforceability of Shrink-wrap License under the Contract Law of USA (미국(美國) 계약법(契約法)하에서 소위 "쉬링크랩라이센스" 계약(契約)에 관한 일고찰(一考察))

  • Hur, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.129-150
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    • 2003
  • Software license agreements, to be useful in the mass market, could not be individually negotiated, and had to be standardized and concise. The software license agreement needs to be presented to the licensee-users in a fashion that would allow for mass distribution of software, also for it to enforceable, that would draw the users' attention to the terms and conditions under which the publisher allowed the use of the software. These needs have been accomplished, with or without fail, through so called the "shrink-wrap licenses" Shrink-wrap licenses purpose to transfer computer softwares to their users by defining the terms and conditions of use of the software without implicating the "first sale doctrine" of the Copyright Act. These shrink-wrap licenses have become essential to the software industry. However, in USA, the law applicable to these licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing their enforceability. Meanwhile, the National Conference of Commissioners on Uniform State Laws ("NCCUSL") in USA promulgated the Uniform Computer Information Transaction Act ("UCITA") governing contracts for computer information transaction on July 29, 1999. One clear objective of UCITA was to settle the law governing the enforceability of shrink-wrap licenses. In these respects, this paper first introduces the various forms that shrink-wrap licenses take(at Part II. Section 1.), and explains the main advantages of them(at Part II. Section 2.) Here it shows how shrink-wrap licenses value themselves for both software publishers and users, including that shrink-wrap licenses are a valuable contracting tool because they provide vital information and rights to software users and because they permit the contracting flexibility that is essential for today's software products. Next, this paper describes the current legal framework applicable to shrink-wrap licenses in USA(at Part III). Here it shows that in USA the development of case law governing shrink-wrap licenses occurred in two distinct stages. At first stage, judicial hostility toward shrink-wrap licenses marked such that they were not enforced pursuant to Article 2 of the Uniform Commercial Code. At second stage, courts began to recognize the pervasiveness of shrink-wrap licenses, their indispensability to the rapidly expanding information technology industry, and the urgent need to enforce such licenses in order to maintain low prices for consumers of computer hardware or software, resulting in the recognition of shrink-wrap licenses. Finally, in view of the importance of UCITA, this paper examines how it will affect the enforceability of shrink-wrap licenses(at Part IV). The drafters of UCITA, as well as the scholars and practitioners who have criticized it, agree that it validates shrink-wrap licenses, provided certain procedural protections are afforded to purchasers. These procedural protections include the licensee end-user must (i) manifest his assent to the shrink-wrap license, (ii) have an opportunity to review the shrink-wrap license, (iii) have a right to return the product without costs.

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Direction toward Economic Development of Southwest Area of Jeonnam Province through Construction of Airport and Port Supporting Complex (공항만배후단지 조성을 통한 전남 서남권 경제발전방향에 관한 연구)

  • Park, Soomyung
    • Journal of Korea Port Economic Association
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    • v.29 no.3
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    • pp.39-72
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    • 2013
  • As a regional development gap between Southwest and Southeast of Jeonnam Province are becoming more serious, it is highly time to come up with measures for the balanced development of the two areas. This paper suggests construction of the Airport and Port Supporting Complex in apparent efforts to reduce the gap between the two areas and facilitate the Southwest economy. The Supporting Complex aims to constitute a triangle industrial cluster which is classified into the following three categories; 1. Traditional competitive industries 2. New growth engine industries 3. Attraction of companies u-turning from abroad such as China etc. To provide one-stop service through set-up of R&D Business Center is the heart of this triangle core. This paper had LQ and Shift&Share Analysis in an attempt to search for competitive industries among the traditional industries in Mokpo-si(city) and Muan-gun(county) of Jeonnam Province. As a result of the analysis, metal manufacturing industry and metal-working process products industry have been found competitive in the two areas. Among the new growth engine industries, this paper suggests precision instruments industry and advanced parts industry for utmost strengths of airport and port while u-turning industries from abroad include higher value-added textile industry and fashion industry. It is expected that all of above-mentioned industries for the triangle industrial cluster will contribute to laying the groundwork to develop regional economy further and create more jobs in the Southwest area of Jeonnam Province.

Comparison of Commercial Multi-use Mask Patterns for Korean Adult Women

  • Cha, Su-Joung
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.10
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    • pp.185-193
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    • 2022
  • This study attempted to compare and analyze the commercially available multi-use patterns to develop mask patterns suitable for the face types of adult women. Through this, it was intended to provide necessary data to mask pattern development and products. As a results of comparing the dimensions and shapes of commercial multi-use mask patterns, there was a significant difference in dimensions even though it was a L-size mask manufactured for adults. As a result of the appearance evaluation of the virtual outfit, there were significant differences by design in the vertical of the center front line, the cover and space of the mask, the height of the nose, and the lower part of the mask. The side also showed significant differences in the covering of the side of the face, the space of the side, and the width and length of the string. As a result of the appearance evaluation, Mask 4 received the best evaluation. The shape of the mask pattern had a large dart in the lower part of the nose so that it can cover the three-dimensional shape of the face, but there was a difference in the degree and angle of the curve depending on the mask. Although the upper part of the mask, the lower part of the mask, and the cheek part are in close contact, the evaluation of the mask pattern, which has room in the nose and mouth, was high. It is thought that the mask pattern should be set according to the upper length, lower length, and nose height of the mask through analysis of the face shape and dimensions.

A Study on Consumer Type Data Analysis Methodology - Focusing on www.ethno-mining.com data - (소비자유형 데이터 분석방법론 연구 - www.ethno-mining.com 데이터를 중심으로 -)

  • Wookwhan, Jung;Jinho, Ahn;Joseph, Na
    • Journal of Service Research and Studies
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    • v.12 no.2
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    • pp.80-93
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    • 2022
  • This study is a study on a methodology that can extract various factors that affect purchase and use of products/services from the consumer's point of view through previous studies, and analyze the types and tendencies of consumers according to age and gender. To this end, we quantify factors in terms of general personal propensity, consumption influence, consumption decision, etc. to check the consistency of data, and based on these studies, we conduct research to suggest and prove data analysis methodologies of consumer types that are meaningful from the perspectives of startups and SMEs. did As a result, it was confirmed through cross-validation that there is a correlation between the three main factors assumed for data analysis from the consumer's point of view, the general tendency, the general consumption tendency, and the factors influencing the consumption decision. verified. This study presented a data analysis methodology and a framework for consumer data analysis from the consumer's point of view. In the current data analysis trend, where digital infrastructure develops exponentially and seeks ways to project individual preferences, this data analysis perspective can be a valid insight.

Textile material classification in clothing images using deep learning (딥러닝을 이용한 의류 이미지의 텍스타일 소재 분류)

  • So Young Lee;Hye Seon Jeong;Yoon Sung Choi;Choong Kwon Lee
    • Smart Media Journal
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    • v.12 no.7
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    • pp.43-51
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    • 2023
  • As online transactions increase, the image of clothing has a great influence on consumer purchasing decisions. The importance of image information for clothing materials has been emphasized, and it is important for the fashion industry to analyze clothing images and grasp the materials used. Textile materials used for clothing are difficult to identify with the naked eye, and much time and cost are consumed in sorting. This study aims to classify the materials of textiles from clothing images based on deep learning algorithms. Classifying materials can help reduce clothing production costs, increase the efficiency of the manufacturing process, and contribute to the service of recommending products of specific materials to consumers. We used machine vision-based deep learning algorithms ResNet and Vision Transformer to classify clothing images. A total of 760,949 images were collected and preprocessed to detect abnormal images. Finally, a total of 167,299 clothing images, 19 textile labels and 20 fabric labels were used. We used ResNet and Vision Transformer to classify clothing materials and compared the performance of the algorithms with the Top-k Accuracy Score metric. As a result of comparing the performance, the Vision Transformer algorithm outperforms ResNet.

A Survey on the Purchase and Preference of Golf Wear for Men and Women in Their 40s, 50, and 60s (40~60대 남녀의 골프웨어 구매 및 선호실태조사)

  • Kyung Ja Paek
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.4
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    • pp.727-737
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    • 2023
  • This study aimed to provide basic data for the design and R&D of golf wear intended for 64 people in their 40s, 50s, and 60s by identifying the needs for golfers through a survey of golf wear purchasing conditions and preferences. The findings shows that purchases are made at permanent discount stores, and information about products are discovered through TV and Internet advertisements. Golf wear is purchased once or twice a year, with annual expenditures ranging from KRW 500,000 to less than 1 million, with single purchases ranging from KRW 200,000 to less than 500,000. When purchasing golf wear, design was considered first, with women preferring white garment, while men preferred black and gray ones. Men tended to prefer a PK collar button fastening style, while women preferred a knit style with a round neckline. Women preferred semi-fitted and fitted styles, while men preferred semi-fitted and loose-fitting styles, showing significant differences. When considering the production of golf wear, the younger the age of the consumer, the more the results indicated that the design needed to look younger, so it is the necessary to design golf wear that reflects the functional need of golfer while prioritizing designs for various ages.

Impact of the Physical Characteristics of Smart Wristbands and Smartwatches on Perceived Functional, Aesthetic, And Symbolic Values (스마트팔찌와 스마트워치의 물리적 특성이 지각된 기능적, 심미적, 상징적 가치에 미치는 영향)

  • Soo In Shim;Heejeong Yu
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.1
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    • pp.525-532
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    • 2024
  • This study explores the impact of physical characteristics (e.g., shape, color, material, size, weight, technical features) of smart wristbands and smartwatches on consumers' perceived functional, aesthetic, and symbolic values using an extended technology acceptance model. An online survey was conducted with adult residents of the United States who had experience using smart wristbands or smartwatches. Participants were asked about various physical characteristics of products they had used in the past year or were currently using, and their evaluations of these characteristics. The results revealed that the shape of the front display shape significantly influenced symbolic value, with circle shape and square shpae showing significantly higher symbolic value than rectangle shape. Wristband materials also had a significant impact on symbolic value, with metal and leather showing higher symbolic value among various materials. Additionally, an increase in product size was associated with higher symbolic value. Moreover, certain technical features such as activity tracker, alarm clock, and distance tracking influenced perceived functional value, while functions like time display, GPS, and email influenced perceived aesthetic value. Pedometer, GPS, and email were found to enhance perceived symbolic value. These findings provide valuable insights into consumer preferences for smart wristbands and smartwatches, serving as valuable information for product improvement and new product development.

Spatial Characteristics of Cultural Economy Emergence and Diffusion: Creative Retail Shops in Bukchon (문화경제의 발현과 확산의 공간적 특징: 북촌의 창의적 소매업을 중심으로)

  • Lee, Kyung-Ok;Lee, Keum-Sook
    • Journal of the Economic Geographical Society of Korea
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    • v.9 no.1
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    • pp.23-38
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    • 2006
  • This study attempts to investigate the spatial characteristics of cultural economies of Bukchon in Seoul, where abundant cultural assets exist. This area has been the administrative-political core locale since 14C, therefore, a lot of traditional- and contemporary-cultural facilities are remains, This area possessed unique place characteristics by coexisting traditional and modern cultures, and thus attracted to culture demanders. Recently many economic activities have increased in this area, and most of them are related with the cultural elements of the region, In particular creative retail shops, which produce goods by flexible-specialized production system, have been agglomerated in this area, The goods are designed, produced, and sold at the shop place. Most of them are uniquely designed hand made products, and produced a few amount. The economic value of these products related with the cultural environment of Bukchon. These creative shops emerged at the front of Samcheongdong street in the beginning, and then have diffused into the inside of Samcheongdong street and Hwagae street. The shops have very unique exteriors related with traditional houses in this area, and located on roadsides where are not many passerby. Most owners of the retail stores are highly educated and studied design, and produce goods by themselves at the shops. The reason that they opened their shops in Bukchon is directly related with the unique cultural environment of this area. They hope that more unique and artistic stores join this area so that developed this area as culture and fashion combined area.

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Clothing Purchase Behavior of Adolescents by the Consumer Awareness (청소년의 소비자 의식과 의복구매행동)

  • 김종희;조현주
    • Journal of Korean Home Economics Education Association
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    • v.15 no.2
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    • pp.67-78
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    • 2003
  • To investigate the consumer awareness and clothing purchase behavior of adolescents, questionnaire was administered to 639 middle and high school students in Daegu. The results were as follows. 1. The consumer awareness of adolescents was analyzed to 4 factors. consciousness of right. consumer information, brand-orientedness and responsibility. Respondents were clustered into three groups : utility-oriented group, brand-oriented group, and consumerism-oriented group. 2. Respondents bought their clothes at specialty stores primarily. They used ´products´, ´family's or friends advices´, and ´purchase experiences´ as information sources. The important criteria for selecting clothes were ´design´, ´price´, and ´suitability´ for oneself. Dissatisfactions after purchasing clothes were with ´price´, ´service´, ´sewing´, and ´size´. The complaining behaviors which respondents did mainly were ´telling friends about dissatisfaction with their purchased clothes´, ´asking for change dissatisfying products or asking for refund´ and ´asking for mending´. 3. Information sources were categorized into 3 factors: ´neutral information source´, ´personal information source´ and ´commercial information source´. Criteria for selecting clothes were factor-analyzed into ´harmony´, ´fashion´ and ´management of clothes´. ´The factors of dissatisfactions with purchased clothes were ´appearance´, ´quality´ and ´service´. 4. The differences by the consumer awareness in clothing purchase behaviors among consumer groups : In information sources. criteria for selecting clothes, complaining behaviors. purchasing places. three consumer groups were different significantly.

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Qualitative Research on Korean Baby-Boomer Generation Middle-Aged Women's Attitude Toward Their Lives - Based on Middle-Class Seoul Residents - (한국의 베이비부머세대 중년여성이 삶에서 추구하는 가치에 대한 질적연구 - 서울 거주 중산층을 중심으로 -)

  • Lee, Ji Hyun;Kim, Sun Woo
    • Asia Marketing Journal
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    • v.14 no.2
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    • pp.127-156
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    • 2012
  • A lot of interest in the baby-boomer generation, those who were born after World War II, has emerged since their retirement has been accelerated. The retirement of baby-boomers has caused many health, public welfare, social policy and family relationship problems. However, their increased purchasing power has made them more attractive consumers than any other generation, and they have become a fascinating niche market in the depressed economy. This research selected middle-class women of the baby-boomer generation who have had powerful effects on society and have emerged as an attractive niche market, and attempted to understand their lives intensively. Based on research activities, the purpose of this research is to identify baby-boomer generation middle-aged women's life values. Qualitative research methodology was used to achieve research objectives, and this research aimed to suggest marketing implications to connected industries based on the research results. The research objectives are as follows. 1. understanding the lives of baby-boomer middle-class women who have powerful effects on socio-economic phenomena 2. identifying the life values of baby-boomer middle-class women 3. generating marketing implications based on an understanding of baby-boomer middle-class women's lives and life values This research conducted FGIs(focus group interviews), one of the qualitative research methodologies, to figure out baby-boomer middle-class women's life values intensively and selected 10 women living in Seoul for data collection. The qualitative data of collected FGIs were analyzed with spiral data analysis methodology proposed by Creswell(2007). The most effective factors to influence these middle-class women's lives powerfully were 'time' and 'independence'. Their consciousness of the importance of using time affects their life pattern generally, and their independence also impacts greatly on the way they exploit time and on their diverse relationships. They maximized their self-realization and showed long-term partnership with their surrounding circumstances because of those effective factors. Baby-boomer middle-class women's self-realization was divided into two areas. One was their outside activities and another was perfect management of their physical appearance and home interior. Like the results of this research, their need for social entrance will be reinforced more strongly since their internal and external activities aim for the achievement of self-realization. In addition, this research suggests that baby-boomer middle-class women's activities are connected with their management of their physical appearance and home interior decorations, and that such management is caused not only by a simple interest in fashion and beauty but also a profound desire for self-realization. On account of their consciousness, which is different from other generations, Korean baby-boomer middle-class women are able to maintain positive partnerships with their surrounding circumstances; however, they also show ambivalent emotions to retain effective partnerships. To overcome those stressful situations, they make greater efforts to keep up their health and youth, and also engage in diverse activities to maintain their mental health. Finally, they generate positive attitudes toward their economic situation and extra time to develop self-realization and pursue happy, youthful and healthy lives. Based on those results, this study suggests the following implications. First, industries targeting the baby-boomer generation should develop innovative products and services which help the baby-boomer generation maximize their efficiency of time since time is one of the most important factors powerfully impacting the baby-boomer generation. They will engage in various activities to fill up their extra time and consume helpful products and services. Second, such industries should supply the baby-boomer generation with opportunities which propose new ways of self-realization since this generation shows a great desire for self-realization because of their self-efficacy. With customized strategies of satisfying their needs, the baby-boomer generation would discover opportunities to utilize their abilities, relationships and aesthetic senses, and industries would develop a niche market. Third, market segmentations which target the baby-boomer generation's desire to maintain their physical appearance and home interior should be executed since such activities are the main strategies to develop this generation's self-realization. The baby-boomer generation's desire to study those areas would be expanded, and those education systems should produce innovative products and services targeting the baby-boomer generation. This implication also offers to government officials new policies related with the baby-boomer generation. This exploratory study utilized qualitative research methodology to understand baby-boomer middle-class women's lives, and proposed propositions and limitations for further researches. As for the limitations, first, it is hard to generalize the research results so that they may apply to all areas and economic classes of the baby-boomer generation since this research selected only 10 women living in Seoul for the data collection process. To overcome this limitation, extended data collections of subjects from diverse regions and economic classes should be designed. Second, quantitative research should be conducted to supplement the findings with validities. Third, this research focused on only general ideas of the baby-boomer generation's lives since the range of this study was focused on their overall lives. Therefore, intensive research related to specific areas of their lives should be conducted.

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